Delayed Reaction at a Green Light as Reasonable Suspicion in NC

Violating a traffic law can provide reasonable suspicion for a traffic stop, but sometimes driving behavior that does not violate any traffic law can provide reasonable suspicion to make a traffic stop for DWI. A common example of such behavior is weaving within one’s lane, but another example is a delayed reaction at a green light. The length of the delay, as well as the surrounding circumstances will determine whether this delayed reaction can provide reasonable suspicion to stop a car on suspicion of DWI.

The Fourth Amendment protects us against unreasonable searches and seizures and states that

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The US Supreme Court has held that a “traffic stop is a seizure ‘even though the purpose of the stop is limited and the resulting detention quite brief.’” To make a traffic stop, an officer must have “reasonable, articulable suspicion that criminal activity is afoot.” This standard is less demanding than probable cause and “requires a showing considerably less than preponderance of the evidence.” The North Carolina Supreme Court has stated that reasonable suspicion “is satisfied by ‘some minimal level of objective justification’” but must “be based on specific and articulable facts, as well as the rational inferences from those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his experience and training.” To determine if reasonable suspicion exists, a court must look at the totality of the circumstances.

The first case that the North Carolina Court of Appeals looked at involving a delayed reaction at a traffic light was State v. Roberson (2004). In that case, a police officer was stopped at a red light at approximately 4:30 a.m. in an area in which there were many bars and restaurants. However, the bars and restaurants could not serve alcohol after 2:00 a.m. The defendant was stopped at the same red light but headed in the opposite direction. When the light turned green, the police officer went through the intersection but the defendant’s car did not move. As the police officer passed the defendant’s car, he noticed that she was staring straight ahead. The police officer went about a block and saw that the defendant’s car still had not moved, so he turned around and headed back towards the intersection. As he approached the defendant’s car, she began to go through the intersection. The officer then stopped the defendant and ended up arresting her for impaired driving.

Because the case was one of first impression, the court of appeals looked to other jurisdictions for guidance as to whether a delayed reaction at a traffic light could provide reasonable suspicion for a traffic stop. A case from Idaho held that a delay of five or six seconds could “easily be explained as conduct falling within the broad range of what can be described as normal driving behavior.” In the Idaho case, the officer who made the stop relied upon his experience that a delayed reaction was an indicator of impaired driving. The Idaho court stated that

such inferences must still be evaluated against the backdrop of everyday driving experience. It is self-evident that motorists often pause at a stop sign or traffic light when their attention is distracted or preoccupied by outside influences. Moreover, the fact that the stop occurred in the early morning hours does not enhance the suspicious nature of the observation.

The court of appeals agreed with the reasoning of the Idaho court and noted that there could be “any number of reasons” why a motorist’s attention might be diverted from a traffic light, especially when there was not a car behind the defendant’s car to give a “quick honk of the horn” to bring her attention back to the green light. Therefore, “a time lapse of eight to ten seconds does not appear so unusual as to give rise to suspicion justifying a stop.” The officer’s “unparticularized suspicion or hunch” was not remedied by the fact that there were bars in the area and it was 4:30 a.m. because those bars were required to stop serving alcohol at 2:00 a.m.

The North Carolina Supreme Court looked at this issue in 2008 in the case State v. Barnard. In that case, at approximately 12:15 a.m., a police officer was patrolling an area where many bars were located. The officer’s car was behind the defendant’s car at a red light. When the light turned green, the defendant’s car did not move for about 30 seconds, at which time he made a legal left turn. The police officer stopped the defendant’s car on suspicion that the defendant was driving while impaired.

In its analysis, the Court reviewed the standards for determining the existence of reasonable suspicion. The Court stated that the trial court’s conclusion that reasonable suspicion existed based on the totality of the circumstances was supported by the officer’s testimony “showing that, based on his training and experience, he made a rational inference from the thirty-second delay that defendant might be impaired.” Although the officer stopped the defendant based on a mistake of law (that he had violated a statute which prohibited “impeding traffic” when, if fact, no such statute exists), the officer’s motivations were irrelevant because “[t]he constitutionality of a traffic stop depends on the objective facts, not the officer’s subjective motivation.” Therefore, the Court held that stop of defendant’s car was constitutional “[b]ecause defendant’s thirty-second delay at a green traffic light under these circumstances gave rise to a reasonable, articulable suspicion that defendant may have been driving while impaired.”

If you have been arrested for DWI, visit www.rflaw.net for legal help.

I can not say enough about this law firm. They were very professional but had a way of making you feel like you were their only case. They worked so hard for us, kept us informed at all times and we are very pleased with the outcome. Cory was so helpful and straight to the point. Isaac is so professional, polite and works harder than anyone I know. He was always on top of everything and his knowledge on everything about our case was incredible! I highly recommend them and their services!

Kevin Hughes

00:14 31 May 18

I highly recommend this Firm. Cory and Issac were always extremely professional and frequently went above and beyond the call of duty. They worked diligently, always responded quickly and answered my unending questions with grace and patience. I wouldn't hesitate to reach out to them again if I needed legal advice/counsel.

anim reyna

15:01 29 Mar 18

Highly recommended!! I worked with both Corey and Mathew and they are both EXCELLENT attorneys! Delma and Issac the paralegals that work in the office are beyond great! I would recommend this law office to any of my family members, friends and even strangers! I brought two cases to them(one was on going for almost two years) and they worked it all out for me and I was very satisfied with the results and would return back to them

Marissa Jackson

15:27 16 Mar 18

I am grateful to have worked with Cory Rosensteel and his team, I personally worked with Isaac Barker. A great team that really helped me understand and answer any questions I had along he way. Very happy with the way the case settled thanks to them. Will definitely be recommending them to anyone looking for great team.

Adero Burbridge

14:55 29 Apr 18

Rosensteel Fleishman was recommended to us to help with an auto accident. Our attorney Matt Fleishman and his paralegal were very professional and patient when aiding my elderly parents with their situation. Throughout the process, they were always available and kept us abreast of what was happening with the case. I would and have recommended them to friends and family.

Kimberly Morrison

10:45 19 Jun 18

Corey Fleishman and his staff are fantastic. Calls, emails and any questions you have are returned promptly. Every aspect of my case was explained thoroughly to me. I highly recommend this law firm to anyone who has been in an accident. Luis was always patient and informative. Great job on mine and my children's settlement. I HOPE to never have to go thru this process again, but if I do....Rosensteel and Fleishman will get the first call.. Great job everyone!

David Glassman

02:06 17 Jul 18

Excellent communication and customer service. Cory was very easy to talk to each step of the way. Isaac was amazing to work with. He answered every question I had along the way as well. I would highly recommend this firm.

zohaib rizvi

17:00 23 Jul 18

I cannot recommend this law firm highly enough. I am very much satisfied with the way the case settled. Paralegal, Luis, had always kept me updated on my case and at every stage of my case, Mathew thoroughly explained the options and let me take the informed decision; and answered all my questions througout the case as well. Very happy with the settlement, Thanks to Matthew and team. Highly recommended law firm.

Amanda Krawiec

21:10 21 Aug 18

HIGHLY RECOMMEND! My husband was in a car totaling crash where he sustained neck & back injuries as well as a concussion that caused months of issues. The person who hit him did not have insurance. I can’t explain the hell we went through before we found Matt Fleishman and Issac Barker. It was a tricky situation and without their legal help and expertise we would have had even more headache(then he was already experiencing). They knew exactly what steps to take and handled all his dr bills as well as recommended great drs. Issac personally called just to check on us, some of those calls I spent crying to him as a wife seeing her husband suffer. Thankfully my husband recovered and we were able to get our case settled to our liking. If you want results, expert legal advice & kind people handling your troubles I would go here!!! Thank you so much for all the time you put into handling every piece of this horrible experience so we didn’t have to! I can firmly say they went above and beyond!

Shaquille Clary

19:43 09 Sep 18

I had an an amazing experience with the Fleishman group. Tiffany and Luis were excellent and very helpful with my experience. They upheld the highest professionalism at all times and made it a top priority that my case be handled expeditiously. My attorney Corey Rosensteel is an seasoned professional and will take care of your every need. I will use the same team in the future and I recommend them to anyone in need of attorney services. Thanks guys!!!

Nicole Loor

19:35 26 Sep 18

Highly recommend. Very professional and am very happy with everything they did for me!

K. L. Suess

00:28 09 Nov 18

HIGHLY RECOMMEND... Worked with Attorney Matthew Fleishman and Isaac Barker - both are professional, helpful and knowledgeable. Definitely feel they look out for the best interest of their client(s).